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ARTICLE · 27 SEPTEMBER 2012

Termination Based On Poor Performance

Article 18 of the Turkish Labor Code numbered 4857, namely the "Employment Protection Act" has changed the employment environment in Turkey significantly ever since its promulgation in 2003.

TurkeyEmployment and HR
Gökçe Çelen
Gökçe Çelen

Article 18 of the Turkish Labor Code numbered 4857, namely the "Employment Protection Act" has changed the employment environment in Turkey significantly ever since its promulgation in 2003.

Although nearly a decade has passed, the Court of Appeals decisions have only provided the guidelines for termination based on the performance of the employee.

The referenced act is applicable to the employment contract of the relevant employee if; the contract is for an indefinite period, the relevant employee has a minimum seniority of 6 (six) months, the relevant employee is not a representative of the employer, and the employer employs 30 (thirty) or more employees.

Undoubtedly, termination of an employment contract should be the last resort. In view of this understanding the Act requires the employer to provide the notice of termination stating precisely one of the termination reasons provided in the referenced act. Accordingly, the employer terminating the employment

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